Administrative Ruling With A Lawsuit In Court example essay topic

1. Explain the most important role of the trial judge in a legal proceeding. Answer 1. The most important role of the trial judge is to keep order in the court and is in charge when a jury is present to make sure that the lawyers do not use improper methods to influence the jury during the case. 2. When a trial court makes a legal error in deciding case, what steps must the party take to have the legal error reviewed?

Answer 2. If the trial court makes an error then the party needs to take the case to the appeals court. The job of the appeals court is to review the proceeding of the trial court and correct legal errors made by the trial judge. They must accept all the trial court's 3. Why does a person seek an equitable (equity) remedy in a civil case when instead of a remedy law? Describe difference between an equitable remedy at law Answer 3.

A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies fall into three general categories: (1) Damages - monetary compensation for the plaintiff's losses, injury, and / or pain or restitution measures designed to restore the plaintiff's status to what it was prior to the violation of his or her rights, (2) Coercive remedies - requiring a party to do or omit doing a specific act through injunctive relief or a court order of specific performance (3) Declaratory judgment - the court determines individual rights in a specific situation without awarding damages or ordering particular action. Monetary damages are often referred to as a legal remedy while coercive and declaratory remedies are termed equitable remedies. 4. State the name of the document used to commence a civil lawsuit against a defendant. Answer 4.

The name of the document used to commence a civil lawsuit against a defendant is called "summons"5. Define substantive law-sets out the rights and duties governing people as thy act in society. Creates or defines rights, privileges, duties, obligations, and causes of action that can be enforced by law Define procedural law- law that prescribes the procedures and methods for enforcing rights and duties. Procedural law establishes the rules under which the substantive rules of law are enforced. 6. Define judicial law-law of or relating to a judgment, the function of judging, the administration of justice, or the judiciary a) State when federal court can review the decision of a state court on a legal question?

The federal courts generally apply state laws in diversity cases. Usually when the state court has not developed a rule, the federal court will judge based on past decisions in similar cases, how the highest court of the state would decide the case. 7. Define administrative law- the procedures created by administrative agencies (governmental bodies of the city, county, state or federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making. Federal agency procedures are governed by the Administrative Procedure Act, and many states have adopted similar procedural formats either by law or regulation. It is important to consider two vital factors in dealing with administrative agencies 1) the rules and regulations are often special for each agency and are not usually found in the statutes but in those regulations; 2) a member of the public must 'exhaust his / her administrative remedies' (take every step, including appeals) with the agency and its system before he / she can challenge the administrative ruling with a lawsuit in court.

There are exceptions (such as emergency or obvious futility) to exhausting one's remedies, but those are rare. Give (3) an example of an (independent) administrative agency that may enact (promulgate) administrative regulations according to law-.